McNae's Essential Law for Journalists: Part 2: Chapter 5: Crime - media coverage prior to any court case

Question 1

What do those accused of crime enjoy?

Answer 1

The Presumption of Innocence

Question 2

What is the Presumption of Innocence?

Answer 2

The presumption of innocence is a principle whereby those that are charged with crimes do not have to prove themselves innocent.

Question 3

What does the prosecution therefore have to do?

Answer 3

The prosecution has to prove guilt beyond reasonable doubt.

Question 4

What do the police need?

Answer 4

The police need clear evidence to meet this standard.

Question 5

What can the police do under the Police and Criminal Evidence Act 1984?

Answer 5

Under the Police and Criminal Evidence Act 1984, a police officer can arrest a person who has committed an offence, who is about to commit an offence or anyone on whom there is reasonable grounds for suspicion.

Question 6

What happens to the case once an arrest is made?

Answer 6

An arrest makes the case automatically ‘active’ under the Contempt of Court Act 1981.

Question 7

What does this do?

Answer 7

This limits what can be published about it?

Question 8

What happens when somebody is arrested?

Answer 8

An arrested person is usually taken to a police station. If they go to the police station voluntarily, they may be arrested at the police station.

Question 9

What should a journalist check?

Answer 9

Journalists should check whether the suspect is helping police voluntarily or is under arrest.

Question 10

What does the law say regarding limits to detention?

Answer 10

The law says nobody should be held under arrest for more than 24 hours and must be released if not charged within that period.

Question 11

What does the law say regarding false imprisonment?

Answer 11

An arrested person who later sues the police for damages must prove that the police grounds for detention were unreasonable.

Question 12

What is the Crown Prosecution Service?

Answer 12

Most prosecutions are the responsibility of the Crown Prosecution Service. The CPS is independent of police but has a duty to advise and direct them in investigations.

Question 13

What does the CPS decide?

Answer 13

It decides in all major cases whether a suspect should be prosecuted and if so on what charge or charges.

Question 14

What is a charge?

Answer 14

A charge is a formal accusation giving the alleged offender basic details of the alleged crime. This means that the case will be prosecuted and go to court.

Question 15

When does the case cease to be active?

Answer 15

The case ceases to be active if an arrested person is released without charge.

Question 16

What should the police tell the media?

Answer 16

The police should tell the media whether a suspect who has not been charged remains on police bail or under investigation because journalists need to know if the case is active.

Question 17

How do the CPS decide whether to prosecute?

Answer 17

When considering if a suspect should be prosecuted, CPS lawyers assess whether there is a realistic prospect of conviction.

Question 18

What must the police stop doing once someone is charged?

Answer 18

Once someone is charged, police must stop questioning the suspect and the person must be taken to a magistrates court on the day they are charged or on the following day.

Question 19

How long may the decision on whether to prosecute take?

Answer 19

The decision on whether to prosecute may be taken quickly but also, it might not be taken for months if time is needed to gather evidence.

Question 20

What can the prosecution begin with?

Answer 20

A prosecution can begin with a charge.

Question 21

What can magistrates issue?

Answer 21

Magistrates can issue an arrest warrant if sworn information is presented before them that a person has offended. However, the police have powers to arrest without a warrant.

Question 22

How can a citizen start a prosecution?

Answer 22

Any citizen can by laying information before a magistrate, start a prosecution.

Question 23

What are the legal risks in media identification of crime suspects?

Answer 23

• The media may discover that someone is being investigated by police or another agency that the person is under arrest.
• A media report which includes the suspect’s name, or other detail identifying them, could create legal problems for the publisher.

Question 24

What is the defamation risk in reporting a suspect’s identity?

Answer 24

Identifying a person as being under police investigation may allow that individual successfully to sue that publisher for defamation damages if it does not lead to a charge.

Question 25

What is the risk in privacy law of reporting a suspect’s identity?

Answer 25

In most cases the polife do not, unless the person is charged, tell the media who is or was suspected of committing a crime.

A media organisation which discovers a suspect’s identity and publishes it could face a claim for breach of privacy if the individual is not subsequently charged.

Question 26

How can you assess the risk?

Answer 26

Media organisations reporting high-profile investigations may choose to publish the suspect’s name before it is known if they will be charged and without any qualified privilege.

Question 27

What are the police guidelines on the naming of suspects and victims?

Answer 27

• The College of Policing says police should not tell the media the name of a suspect or arrested person.
• But, the College says that police can release an arrested person’s age and gender and other information.

Question 28

Which crimes ensure automatic anonymity?

Answer 28

It is normally illegal to identify a vicrtim or alleged victim of a sexual, trafficking, FGM or forced marriage offence.

Question 29

What do teachers receive?

Answer 29

Section 13 of the Education Act 2011 normally gives automatic anonymity to teachers in respect of any allegiation that they have or may have committed.

Question 30

What about juveniles?

Answer 30

Juvenile victims or alleged victims of some types of crime have automatic anonymity in the law from the time an allegiation is made.

Question 31

Recap of major points

Answer 31

• Covering crime stories present contempt of court dangers for the media because an arrest or charge makes the case active.
• There could be libel risks if a suggestion is published that a suspect is guilty of a crime if what is published identifies the suspect.
• Teachers accused of an offence against a pupil have anonymity in law unless they are charged.
• Police should normally release the name of a person charged.
• Codes used by media regulators have provision to protect juveniles from publicity if they are involved in a police investigation into crime.